Private Gun Sale

[BizCT]

So what's the deal regarding a private rifle sale between two NY residents? My Dad was at the range the other day and somebody there came up to him asking him if he would be interested in selling one of his rifles. My Dad is contemplated selling the gun. Should he decide to sell it, does a gun shop need to be the middle man?

Separately, what about ammo between 2 NY residents?

Thanks in advance.

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Edited April 1, 2014 by Biz-R-OWorld

[Ford]

The ammo is fine.

 

I believe the rifle has to go through a ffl now.

[MrGroundhog]

It must be transferred through a ffl.. Not sure of the ammo though

[Culvercreek hunt club]

Ammo is fine. Sale must be at a FFL with background check

[BizCT]

Thanks guys, and the ffl can only charge $10, is that correct?

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[MrGroundhog]

When I called a few shops they definitely were not quoting me 10 bucks.. I got lucky and found one for 25... I would bring it up though.

[Culvercreek hunt club]

Thanks guys, and the ffl can only charge $10, is that correct? Sent from my iPhone using Tapatalk

Background check is $10...LOL. the other administrative fees though will likely make it 35-45 per gun. That seems to be the going rate.

[ants]

The gun has to go through an ffl. The buyer and seller both have to be there, with I.D. for the transfer. Its $10.00 but don't be surprised if the ffl adds other fees.

The ammo is fine, as long as its not being sold at a profit.

[fasteddie]

I doubt that you would find any FFL dealer do the transfer for only $10 . It wouldn't be worth it to them to do the paperwork and background check for that price .

[Culvercreek hunt club]

I doubt that you would find any FFL dealer do the transfer for only $10 . It wouldn't be worth it to them to do the paperwork and background check for that price .

They won't because they not only have to do the paperwork but have to maintain  and keep it for years. One dealer I spoke with about doing 4 transfers for me said they had to keep it for 35 years.

[ants]

I did one a while back, at Gander Mountain. They only charged $10. After watching the guy do all of the paperwork I think $10 was a steal. It took the guy a good 20-30 minutes.  Im sure smaller shops will charge more.

[BizCT]

I saw some law about $10max charge. Guess that's just the transfer part of it

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[ants]

I think that the $10 is just for the background check on the buyer. Places add additional fees, for filing the paperwork "administrative fees" etc…...

[moog5050]

Basspro does it for $10.

[bubba]

Most dealers in my area will not even touch them.  Only 3 in my area and one is a motorcycle dealer who got his ffl to do this. He only charges the 10 bucks.  I doubt he will keep doing it for long.

[Doc]

Wait a minute ...... You didn't mention about the gun being one of those evil assault rifles so I will assume that it is one of the "uncontrolled", unregistered variety. And I seriously doubt that anything special has to be done to sell or buy that style of rifle between two NYS individuals. Certainly there are no requirements that are in any way truly enforceable. Your average rifle has no title or proof of ownership, or any other document that shows who it belongs to in any official state database or anywhere else. Most of my guns have absolutely no proof of ownership at all. So who would ever know there was ever any transaction at all? One guy hands a rifle to another, anybody walking up can not tell which one owns it, can they?

 

Sure enough, considering my lack of credibility on matters of law (old and new), I absolutely could be wrong on this. But I really don't see what sort of paperwork or proof of transaction would be used on a gun that has no requirement for registration. So why would any special procedure be required and how is anyone going to prove that any transaction at all has even taken place?

[Culvercreek hunt club]

Wait a minute ...... You didn't mention about the gun being one of those evil assault rifles so I will assume that it is one of the "uncontrolled", unregistered variety. And I seriously doubt that anything special has to be done to sell or buy that style of rifle between two NYS individuals. Certainly there are no requirements that are in any way truly enforceable. Your average rifle has no title or proof of ownership, or any other document that shows who it belongs to in any official state database or anywhere else. Most of my guns have absolutely no proof of ownership at all. So who would ever know there was ever any transaction at all? One guy hands a rifle to another, anybody walking up can not tell which one owns it, can they?

 

Sure enough, considering my lack of credibility on matters of law (old and new), I absolutely could be wrong on this. But I really don't see what sort of paperwork or proof of transaction would be used on a gun that has no requirement for registration. So why would any special procedure be required and how is anyone going to prove that any transaction at all has even taken place?

You are absolutely right but I wouldn't run the risk of doing it, especially to a guy you don't know and are approached at a range. I think the provision was put in the law just for such a sting operation.

[Mr VJP]

The whole purpose of universal background checks is to create a database of gun ownership.  Any gun currently owned, that was not registered and never had a NICS check done on it, is unknown to the authorities.  This law was written mainly to enable the state to create a database of gun owners in NY.  The 2nd purpose of the law is to snag any seller who doesn't use an FFL for the transfer.  That is now a felony, and when convicted, ALL of your guns will be taken.  There never was any intention of a 3rd purpose, which would be to stop crime, since none of these provisions can.  

 

People need to see through the smoke and mirrors and realize gun owners have been officially designated as criminals in NY state.  They are writing more laws, with more restrictions on gun sales and ownership, as I write this, none of which are designed to affect criminals at all, since they don't buy their guns legally anyway.  Mandatory gun safe storage, trigger locks and 1 handgun a month rules are currently on the table, along with a 10 day waiting period on top of the background check.  See the plan now?

 

 

Edited April 2, 2014 by Mr VJP

[BizCT]

By the way, the guy at the range is a worker there. Not trying to do anything illegal to save a few bucks

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[Single_shot]

Here in Pa you pay $5 for the NICS call  and $25 to $35 to the FFL. The FFL charges his amount because he has to put the firearm in his book. He then has to transfer the firearm to the next owner and it all has to be recorded in the black book. Just the way it is and has been since I can remember.If I buy a firearm online and have it sent to my FFL,he enters it in his book and I pay for him to transfer it to me.

Edited April 3, 2014 by Single_shot

[bubba]

With the new safe act, that is not how it is done.  it is an entirely different set of papers.   An ffl has to register with NY to do this.  They cant just start doing it.  The papers go to the state police.  it is not the simple enter it in a book and transfer it. If you read the law they are limited to 10 bucks.  There is no wiggle room to add a fee.  Most small shops will not do it.  A big box store type place will as they can absorb the cost and you will pay more for a gun or ammo etc.  Remember the King does not want gun shops to prosper by getting a fee to do his dirty work.  

[noahmstone]

Most dealers in my area will not even touch them. Only 3 in my area and one is a motorcycle dealer who got his ffl to do this. He only charges the 10 bucks. I doubt he will keep doing it for long.

Bubba if this is the same motorcycle dealership I am thinking of between Potsdam and canton he charges more than $10. I bought a pistol off a coworker and went there because another shop in the area refused to do the transfer unless the guy traded the pistol he was selling in for a pistol he was looking to buy and they would sell his original pistol to me for a lot more than we agreed upon. So it was somewhat worth it to go to the cycle shop and pay $10 for the background check and $25 in administrative fees. While talking to the owner he said they have had an ffl for years but no one really knew about it until the safe act and his daughter usually handled all the paperwork but she was off that day.

[bubba]

That is the one.  But he by law can not charge the admin fees. I was misinformed than. I was told he just got it.  But John has always been about money.  

 

Edited April 9, 2014 by bubba

[jjb4900]

if you find someone willing to do the transfer for any additional fee, and you're ok with paying it, I'd keep that info to myself.......from what I hear there are quite a few who are adding "administrative fees" to the transaction, only a matter of time before they start cracking down on this.

Edited April 9, 2014 by jjb4900

[stubby68]

Q: Are dealers required to facilitate a private sale or transfer?

A: No, dealers in New York are not required to facilitate private firearm sales or transfers. However, if they do, they may not charge more than $10 per firearm to complete the sale or transfer. It is up to the private parties to decide who is responsible for paying the dealer.

Edited April 9, 2014 by stubby68